The Petroleum (Production) (Landward Areas) Regulations 1995
Rights of access
31
Any person or persons authorised by the Minister shall be entitled at all reasonable times to enter into and upon any land for the time being possessed or occupied by the Licensee in the licensed area or to enter into and upon any of the Licensee’s installations or equipment used or to be used in connection with searching, boring for or getting petroleum in the licensed area for the purposes hereinafter mentioned—
- (a) to examine the installations, wells, plant, appliances and works made or executed by the Licensee in pursuance of the licence and the state of repair and condition thereof, and
- (b) to execute any works or to provide and install any equipment which the Minister may be entitled to execute or provide and install in accordance with the provisions hereof.
Power to execute works
32
If the Licensee shall at any time fail to perform the obligations arising under the terms and conditions of any of clauses 12, 17, 20 or 21 of this licence, the Minister shall be entitled, after giving to the Licensee reasonable notice in writing of his intention to do so, to execute any works and to provide and install any equipment which in the opinion of the Minister may be necessary to secure the performance of the said obligations or any of them and to recover the costs and expenses of so doing from the Licensee.
Right of distress
33
If and whenever any of the payments mentioned in clause 9(1) of this licence or any part thereof shall be in arrear or unpaid for 28 days next after any of the days whereon the same ought to be paid (whether the same shall have been legally demanded or not) then and so often as the same may happen the Minister may (as an additional remedy and without prejudice to the power of distress and any other rights and remedies to which he would be entitled) enter into and upon any land which shall for the time being be possessed or occupied by the Licensee for the purposes of the licence or the exercise of any of the rights thereby granted or into and upon any of the Licensee’s installations and equipment used or to be used in connection with searching, boring for or getting petroleum in the licensed area and may seize and distrain and sell as a landlord may do for rent in arrear all or any of the stocks of petroleum, engines, machinery, tools, implements, chattels and effects belonging to the Licensee which shall be found in or upon or about the land installations and equipment so entered upon and out of the moneys arising from the sale of such distress may retain and pay all the arrears of the said payments and also the costs and expenses incident to any such distress and sale rendering the surplus (if any) to the Licensee.
34
If and whenever any of the payments mentioned in clause 9(1) of this licence or any part thereof shall be in arrear or unpaid for 28 days next after any of the days whereon the same ought to be paid (whether the same shall have been legally demanded or not) then and so often as the same may happen the Minister may (as an additional remedy and without prejudice to any other rights and remedies to which he would be entitled) do diligence in respect thereof in like manner as a landlord may do diligence in respect of unpaid arrears of rent and such diligence shall be effectual to attach all or any of the stocks of petroleum, engines, machinery, tools, implements and other effects belonging to the Licensee which shall be found in or upon any land which shall for the time being be possessed or occupied by the Licensee for the purposes of the licence or the exercise of any of the rights thereby granted, or on or about any of the Licensee’s installations and equipment used or to be used in connection with searching, boring for or getting petroleum in the licensed area, and where in pursuance of such a diligence a sale of such effects as shall have been attached thereby takes place the Minister may out of the proceeds thereof retain and pay all the arrears of the said payments and also the expenses of and incident to such diligence and sale and shall pay the surplus thereof (if any) to the Licensee.
Indemnity against third party claims
35
The Licensee shall at all times keep the Minister effectually indemnified against all actions, proceedings, costs, charges, claims and demands whatsoever which may be made or brought against the Minister by any third party in relation to or in connection with this licence or any matter or thing done or purported to be done in pursuance thereof.
Advertisements, prospectuses, etc.
36
No statement shall be made either in any notice, advertisement, prospectus or other document issued by or to the knowledge of the Licensee or in any other manner claiming or suggesting whether expressly or by implication that Her Majesty or any Government Department or any person or body acting on behalf of Her Majesty has or have formed or expressed any opinion that the licensed area is from its geological formation or otherwise one in which petroleum is likely to be obtainable.
Restrictions on assignment, etc.
37
- (1) The Licensee shall not, except with the consent in writing of the Minister and in accordance with the conditions (if any) of the consent do anything whatsoever whereby, under the law (including the rules of equity) of any part of the United Kingdom or of any other place, any right granted by this licence or derived from a right so granted becomes exercisable by or for the benefit of or in accordance with the directions of another person.
- (2) The Licensee shall not enter into any agreement providing for a person other than the Licensee to become entitled to, or to any proceeds of sale of, any petroleum which, at the time when the agreement is made, has not been but may be won and saved from the licensed area unless the terms of the agreement have been approved in writing by the Minister either unconditionally or subject to conditions, but the preceding provisions of this paragraph do not apply to—
- (a) an agreement for the sale of such petroleum under which the price is payable after the petroleum is won and saved; and
- (b) an agreement in so far as it provides that, after any petroleum has been won and saved from the licensed area, it shall be exchanged for other petroleum.
- (3) The Licensee shall not, without the consent of the Minister, dispose of any petroleum won and saved in the licensed area or any proceeds of sale of such petroleum in such a manner that the disposal does, to the knowledge of the Licensee or without his knowing it, fulfil or enable another person to fulfil obligations which a person who controls the Licensee, or a person who is controlled by a person who controls the Licensee, is required to fulfil by an agreement which, if the person required to fulfil the obligations were the Licensee, would be an agreement of which the terms require approval by virtue of paragraph (2) of this clause.
- (4) Whether for the purposes of paragraph (3) of this clause a person has control of another person shall be determined as if subsections (2) and (4) to (6) of section 416 of the Income and Corporation Taxes Act 1988 applied subject to the following modifications, namely—
- (a) for the words “the greater part” wherever they occur in the said subsection (2) there were substituted the words “one-third or more”; and
- (b) in the said subsection (6), for the word “may” there were substituted the word “shall”, the words from “and such attributions” onwards were omitted and in the other provisions of that subsection any reference to an associate of a person fell to be construed as including only a relative of his (as defined by section 417(4) of that Act), a partner of his and a trustee of a settlement (as defined by section 681(4) of that Act) of which he is a beneficiary.
- (5) Where the Licensee is two or more persons, then, without prejudice to the preceding provisions of this clause, none of those persons shall enter into an agreement with respect to the entitlement of any of them to—
- (a) the benefit of any right granted by this licence;
- (b) any petroleum won and saved from the licensed area; or
- (c) any proceeds of sale of such petroleum,
unless the terms of the agreement have been approved in writing by the Minister, but the preceding provisions of this paragraph do not apply to an agreement for the sale of such petroleum under which the price is payable after the petroleum is won and saved and an agreement in so far as it provides that, after any petroleum has been won and saved from the licensed area, it shall be exchanged for other petroleum.
Power of revocation
38
- (1) If any of the events specified in the following paragraph shall occur then and in any such case the Minister may revoke this licence and thereupon the same and all the rights hereby granted shall cease and determine but subject nevertheless and without prejudice to any obligation or liability incurred by the Licensee or imposed upon him by or under the terms and conditions hereof.
- (2) The events referred to in the foregoing paragraph are—
- (a) any payments mentioned in clause 9(1) of this licence or any part thereof being in arrear or unpaid for two months next after any of the days whereon the same ought to have been paid;
- (b) any breach or non-observance by the Licensee of any of the terms and conditions of this licence;
- (c) the bankruptcy of the Licensee;
- (d) the making by the Licensee of any arrangement or composition with his creditors;
- (e) if the Licensee is a company, the appointment of a receiver or any liquidation whether compulsory or voluntary;
- (f) any breach or non-observance by the Licensee of the terms and conditions of a development scheme;
- (g) if the Licensee is a company, the Licensee’s ceasing to direct and control either—
- (i) its operations under the licence; or
- (ii) any commercial activities in connection with those operations
from a fixed place within the United Kingdom;
- (h) any breach of a condition subject to which the Minister gave his approval in pursuance of clause 37(2) of this licence;
- (i) any breach of clause 37(5) of this licence;
- (j) if the Licensee is a company, any breach of a condition subject to which the Oil and Gas Authority gave its consent to a change in control of the Licensee (see clause 37A);
- (k) if the Licensee is a company, any failure to provide full and accurate information in response to a notice given by the Oil and Gas Authority to that company under section 5D of the Petroleum Act 1998;
and where two or more persons are the Licensee any reference to the Licensee in sub-paragraphs (c) to (g) or (j) or (k) of this paragraph is a reference to any of those persons.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Arbitration
39
- (1) If at any time any dispute, difference or question shall arise between the Minister and the Licensee as to any matter arising under or by virtue of this licence or as to their respective rights and liabilities in respect thereof then the same shall, except where it is expressly provided by this licence that the matter or thing to which the same relates is to be determined, decided, directed, approved or consented to by the Minister, be referred to arbitration as provided by the following paragraph.
- (2) The arbitration referred to in the foregoing paragraph shall be in accordance with the Arbitration Act 1950 by a single arbitrator who, in default of agreement between the Minister and the Licensee and, in the case of arbitration in relation to a development scheme, other Licensees affected by that scheme, as to his appointment, shall be appointed by the Lord Chief Justice of England for the time being.
- Note:Where the licensed area is situate in Scotland or in waters adjacent thereto the following provisions will be substituted for the last two foregoing paragraphs.
- (2A) The arbitration referred to in the foregoing paragraph shall be by a single arbiter who, in default of agreement between the Minister and the Licensee and, in the case of arbitration relating to a development scheme, other Licensees affected by that scheme, as to his appointment, shall be appointed by the Lord President of the Court of Session.
- (3) In the case of any such arbitration which relates to a development scheme the Licensee shall, unless the arbitrator otherwise determines, perform and observe the terms and conditions of the development scheme pending the decision of the arbitrator.
Note:In any licence incorporating paragraph (2A) in substitution for paragraph (2) of this clause, the paragraph (3A) following will be substituted for the foregoing paragraph (3).
- (3A) In the case of any such arbitration which relates to a development scheme the Licensee shall, unless the arbiter otherwise determines, perform and observe the terms and conditions of the development scheme pending the decision of the arbiter.
Note:Schedules to each Licence will (1) identify the blocks to which the licence relates, (2) provide for the payment by the Licensee of sums which may include initial payments on the grant of the Licence and annual payments payable in advance, (3) specify the rate at which royalty is to be assessed and (4) set out working obligations.
Licences will be executed as deeds in duplicate by all parties thereto.
SCHEDULE 4 — MODEL CLAUSES FOR SUPPLEMENTARY SEISMIC SURVEY LICENCES IN LANDWARD AREAS
Interpretation
1
- (1) In the following clauses the following expressions have the meanings hereby respectively assigned to them, that is to say:—
- “the Act of 1934” means the Petroleum (Production) Act 1934;
- “the exploration area” means the area for the time being within which the Licensee may exercise the rights granted by this licence;
- “the Licensee” means the person or persons to whom this licence is granted, his personal representatives and any person or persons to whom the rights conferred by this licence may lawfully have been assigned;
- “the Minister” means the Secretary of State for Energy and Climate Change;
- “petroleum” includes any mineral oil or relative hydrocarbon and methane or any other natural gas existing in its natural condition in strata, but does not include coal or bituminous shales or other stratified deposits from which oil can be extracted by destructive distillation;
- “the principal licence” has the meaning assigned thereto by clause 2.
- (2) Any obligations which are to be observed and performed by the Licensee shall at any time at which the Licensee is more than one person be joint and several obligations.
Right to search for petroleum by undertaking seismic surveys
2
In consideration of the payments hereinafter provided and the performance and observance by the Licensee of all the terms and conditions hereof, the Minister in exercise of his powers under the Act of 1934 hereby grants to the Licensee, as holder of Licence No. (hereinafter referred to as “the principal licence”) LICENCE AND LIBERTY in common with any other persons to whom the like right may have been granted or may hereafter be granted during the continuance of this licence and subject to the provisions hereof to search for petroleum underlying the area to which the principal licence relates by undertaking seismic surveys in the adjacent area more particularly described in Schedule 1 to this licence.
Term of licence
3
This licence unless sooner determined under or consequent upon any of the provisions hereof shall be and continue in force for the term of 12 months next after .
Automatic termination of licence
4
- (1) This licence shall automatically cease and determine—
- (a) on the termination of the principal licence, and
- (b) on the grant of a petroleum exploration and development licence in respect of an area which includes the whole of the exploration area.
- (2) Where a petroleum exploration and development licence is granted in respect of part of the exploration area, this licence shall automatically cease and determine as regards that part.
- (3) Any termination or partial termination of this licence shall be without prejudice to any obligation or liability imposed upon the Licensee or incurred by him under the terms and conditions of this licence.
Payment of consideration for licence
5
- (1) The Licensee shall make to the Minister the payment specified in Schedule 2 to this licence as consideration for the grant of this licence.
- (2) The Licensee shall not by reason of the termination of this licence be entitled to be repaid or allowed all or any part of the sum payable to the Minister hereunder.
Seismic surveys
6
- (1) The Licensee shall give the Minister at least 21 days written notice of any seismic survey he proposes to undertake and such notice shall indicate the nature of the survey and the total distance to be shot and shall be accompanied by a copy of an Ordnance Survey map drawn to the scale of 1:50,000 or 1:63,360 for the relevant area upon which the proposed lines of survey are indicated, and by evidence that the planning authorities for the area to be surveyed have been consulted about the proposed survey and, in a case where any planning permission under the Town and Country Planning Act 1990 or the Town and Country Planning (Scotland) Act 1972 is required for the survey in question, evidence that such permission has been granted.
- (2) The Licensee shall not carry out any seismic survey if notice thereof has not been given as aforesaid or if the Minister indicates to the Licensee within fourteen days of the receipt of such notice that the survey is not to be carried out.
Licensee to keep records
7
- (1) The Licensee shall keep in the United Kingdom accurate geological plans and maps relating to the exploration area and such other records in relation thereto as may be necessary to preserve all information which the Licensee has about the geology of the exploration area.
- (2) The Licensee shall deliver copies of the said records, plans and maps referred to in the foregoing paragraph to the Minister when requested to do so either—
- (a) within any time limit specified in the request; or
- (b) if there is no time limit specified, within four weeks of the request.
Returns
8
- (1) The Licensee shall furnish to the Minister, six months from the date of this licence and upon the termination of this licence, a return in a form from time to time approved by the Minister of the progress of his operations in the exploration area. Such return shall contain a statement of the areas in which any surveys have been carried out.
- (2) The Licensee shall furnish to the Minister such other information, in the form of maps and plans, as to the progress of his operations in the exploration area as the Minister may from time to time request either—
- (a) within any time limit specified in the request; or
- (b) if there is no time limit specified, within four weeks of the request.
Reports to be treated as confidential
9
All records, returns, plans, maps and information (in this clause referred to as “the specified data”) which the Licensee is or may be from time to time required to furnish under the provisions of this licence shall be supplied at the expense of the Licensee and shall not (except with the consent in writing of the Licensee which shall not be unreasonably withheld) be disclosed to any person not in the service or employment of the Crown:
Power to inspect records
10
Any person authorised by the Minister may at all reasonable times inspect and make abstracts or copies of any records, returns, plans or maps which the Licensee is required to keep or make in accordance with the provisions of this licence.
Indemnity against third party claims
11
The Licensee shall at all times keep the Minister effectually indemnified against all actions, proceedings, costs, charges, claims and demands whatsoever which may be made or brought against the Minister by any third party in relation to or in connection with this licence or any matter or thing done or purported to be done in pursuance thereof.
Agreement not to assign
12
The Licensee shall not without the consent of the Minister in writing assign or part with any of the rights granted by this licence in relation to the whole or any part of the exploration area or grant any sub-licence in respect of any of such rights.
Power of revocation
13
The Minister may revoke this licence in the event of any breach or non-observance by the Licensee of any of the terms and conditions of this licence, and thereupon the same and all the rights hereby granted shall cease and determine but subject nevertheless and without prejudice to any obligation or liability imposed upon the Licensee or incurred by him under the terms and conditions hereof.
Arbitration
14
- (1) If at any time any dispute, difference or question shall arise between the Minister and the Licensee as to any matter arising under or by virtue of this licence or as to their respective rights and liabilities in respect thereof then the same shall, except where it is expressly provided by this licence that the matter or thing to which the same relates is to be determined, decided, approved or consented to by the Minister, be referred to arbitration as provided by the following paragraph.
- (2) The arbitration referred to in the foregoing paragraph shall be in accordance with the Arbitration Act 1950 by a single arbitrator who, in default of agreement between the Minister and the Licensee as to his appointment, shall be appointed by the Lord Chief Justice of England.
Note:Where the licensed area is situate in Scotland the following provision will be substituted for the last foregoing paragraph.
- (2A) The arbitration referred to in the foregoing paragraph shall be by a single arbiter who, in default of agreement between the Minister and the Licensee as to his appointment, shall be appointed by the Lord President of the Court of Session.
Note:Schedules to each licence will describe the area to which the licence relates and specify the payment to be made by the Licensee in consideration for the grant of the licence.
Licences will be executed as deeds in duplicate by all parties thereto.
SCHEDULE 5 — MODEL CLAUSES FOR METHANE DRAINAGE LICENCES
Interpretation
1
- (1) In the following clauses the following expressions have the meanings hereby respectively assigned to them, that is to say—
- “the Act” means the Petroleum (Production) Act 1934;
- “the licensed area” means the area in which the Licensee may exercise the rights granted by this licence;
- “the Licensee” means the person or persons to whom this licence is granted, his personal representatives and any person or persons to whom the rights conferred by this licence may lawfully have been assigned;
- “mine” has the same meaning as in the Mines and Quarries Act 1954;
- “the OGA” means the Oil and Gas Authority.
- (2) Any obligations which are to be observed and performed by the Licensee shall at any time at which the Licensee is more than one person be joint and several obligations.
2
In consideration of the payments hereinafter provided and the performance and observance by the Licensee of all the terms and conditions hereof, the OGA in exercise of the powers conferred by the Act, hereby grants to the Licensee LICENCE AND LIBERTY during the continuance of this licence and subject to the provisions hereof to get natural gas in the course of operations for making and keeping safe mines whether or not disused within ALL THOSE lands having a superficial area of or thereabouts, situate in the County (Counties) of and more particularly delineated and described on the Ordnance Survey map annexed hereto and thereon edged red.
Term of licence
3
This licence unless sooner determined under any of the provisions hereof shall be and continue in force for the term of next after .
Right of Licensee to determine licence
4
Without prejudice to any obligation or liability imposed by or incurred under the terms and conditions hereof the Licensee may at any time during the term hereby granted determine this licence by giving to the OGA not less than one month’s previous notice in writing to that effect.
Payment of consideration for licence
5
- (1) The Licensee shall pay to the OGA during the term of this licence the consideration for the grant of this licence specified in the Schedule to this licence at the times and in the manner so specified.
- (2) The Licensee shall not by reason of the determination of this licence be entitled to be repaid or allowed any part of any sum payable to the OGA pursuant to this licence.
Records
6
The Licensee shall keep and furnish to the OGA such records relating to the operations conducted in the licensed area under this licence, the results thereof and the disposal of any natural gas won and saved as the OGA may from time to time determine.
Power to inspect accounts, etc.
7
Any person authorised by the OGA may at all reasonable times enter into and upon any land for the time being possessed or occupied by the Licensee in the licensed area and inspect and make abstracts or copies of any records or accounts which the Licensee is required to keep or make in accordance with the provisions of this licence.
Records to be treated as confidential
8
All records, accounts and information which the Licensee is or may be from time to time required to furnish under the provisions of this licence shall be supplied at the expense of the Licensee and shall not (except with the consent in writing of the Licensee which shall not be unreasonably withheld) be disclosed to any person not in the service or employment of the OGA or the Crown. The OGA shall nevertheless be entitled at any time to make use of any information received from the Licensee for the purpose of preparing and publishing such returns and reports as may be required of the OGA by law.
Notice of commencement and termination of operations
9
As soon as the licensee has decided to get natural gas at any place he shall notify the OGA in writing of the situation thereof stating—
- (a) the name of the mine for the safety of which the operations are to be undertaken;
- (b) whether such mine is a disused mine or not.
Indemnity against third party claims
10
The Licensee shall at all times keep the OGA effectually indemnified against all actions, proceedings, costs, charges, claims and demands whatsoever which may be made or brought against the OGA by any third party in relation to or in connection with this licence or any matter or thing done or purported to be done in pursuance thereof.
Agreement not to assign
11
The Licensee shall not without the consent of the OGA in writing assign or part with any of the rights granted by this licence in relation to the whole or any part of the licensed area or grant any sub-licence in respect of any of such rights.
Power of revocation
12
If there shall be any breach or non-observance by the Licensee of any of the terms and conditions herein contained the OGA may revoke this licence and thereupon the same and all the rights hereby granted shall cease and determine but subject nevertheless and without prejudice to any obligation or liability imposed by or incurred under the terms and conditions hereof.
Arbitration
13
- (1) If at any time any dispute, difference or question shall arise between the OGA and the Licensee as to any matter arising under or by virtue of this licence or as to their respective rights and liabilities in respect thereof then the same shall, except where it is expressly provided by this licence that the matter or thing to which the same relates is to be determined or consented to by the OGA, be referred to arbitration as provided by the following paragraph.
- (2) The arbitration referred to in the foregoing paragraph shall be in accordance with the Arbitration Act 1950 by a single arbitrator who, in default of agreement between the OGA and the licensee as to his appointment, shall be appointed by the Lord Chief Justice of England for the time being.
Note: Where the licensed area is situate in Scotland the following paragraph will be substituted for the last foregoing paragraph.
- (2A) The arbitration referred to in the foregoing paragraph shall be by a single arbiter who, in default of agreement between the OGA and the Licensee as to his appointment, shall be appointed by the Lord President of the Court of Session.
Note:A schedule to each Licence will provide for the payment by the Licensee of sums agreed between the OGA and the Treasury which may include annual payments payable in advance.
Licences will be executed as deeds in duplicate by all parties thereto.
Signed
Tim Egger, — Minister for Industry and Energy, — 1995-05-25
Explanatory note
(This note is not part of the Regulations)
These Regulations provide for applications to the Secretary of State for licences to search for and get petroleum in Great Britain and those islands and waters adjacent to it which are “landward areas” as defined in the Regulations. They also set out model clauses which are to be incorporated in such licences unless the Secretary of State thinks fit to modify or exclude them in any particular case. The Regulations supersede the Petroleum (Production) (Landward Areas) Regulations 1991 (S.I. 1991/981), except as respects licences applied for before the date on which these Regulations come into force.
Regulation 3(3) disapplies the Petroleum (Production) Regulations 1982 (S.I. 1982/1000) in respect of applications made after the date on which these Regulations come into force for methane drainage licences and the model clauses that such licences may contain. The model clauses for methane drainage licences are now contained in Schedule 5 to these Regulations. The principal amendment to these model clauses is that model clause 3 no longer prescribes a 25 year term for the licence.
These Regulations introduce a single exploration and development licence which confers exclusive rights in relation to a particular landward area in place of the separate exploration, appraisal and development licences available under the 1991 Regulations. M.c.3 provides that the initial term of this licence is six years (which corresponds to the six year term of an exploration licence) which may be continued for a further five years (which corresponds to the five year term of an appraisal licence) and this can be extended for a 20 year period (which corresponds to the 20 year term of a development licence).
Regulation 7 of these Regulations implements paragraphs 1 to 5 inclusive of Article 3 and partially implements paragraph 1 of Article 5 of Council Directive 94/22/EEC on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons (O.J. L 164, 30.6.94, p. 3) by introducing a new procedure for applications for licences. Details of the blocks to be licensed, the latest date upon which applications are to be made and the period within which licences are to be granted are to be published in the Official Journal of the European Communities. The regulation also introduces a procedure whereby licensees may apply for a licence for an area contiguous to the area or areas covered by their existing licence if the Secretary of State decides that geological or production considerations justify the grant of such a licence.
Changes of substance in the model clauses are as follows. There is now no model clause which provides for the delivery of petroleum in place of the payment of the royalty. The Minister is prohibited from giving instructions to a licensee concerning the training of any employee or prospective employee without first consulting the Offshore Petroleum Industry Training Organisation Limited or any body exercising similar activities (m.c.24). The model clauses now specify the date for compliance with requests for information from the Secretary of State and modify the length of time for which information supplied pursuant to such requests remains confidential.
The model clauses for a supplementary seismic survey licence are now contained in Schedule 4 to these Regulations.
Footnotes
[^f00001]: 1934 c. 36; section 1(2) was amended by section 19(1) of the Petroleum Act 1987 (c. 12); section 6 was extended by section 1(3) of the Continental Shelf Act 1964 (c. 29).
[^f00002]: S.R. & O. 1942/1132; the Ministry of Fuel and Power Act 1945 (c. 19); S.I. 1969/1498, 1970/1537.
[^f00003]: S.I. 1991/981.
[^f00004]: S.I. 1982/1000 to which there are amendments not relevant to these Regulations.
[^f00005]: 1988 c. 1.
Editorial notes
[^key-5755fb88c9a1ead79ed1b0025f938f63]: Reg. 1 in force at 30.6.1995, see reg. 1
[^key-425bec62dcd941725f0a7a1f36e5b272]: Reg. 10 in force at 30.6.1995, see reg. 1
[^key-9791d44774e029d17c8b5aaa7e9e0763]: Reg. 5 in force at 30.6.1995, see reg. 1
[^key-82e38b55c0a485d11db00214502b90a9]: Reg. 7 in force at 30.6.1995, see reg. 1
[^key-51e28b237334934177130f88d705ea18]: Reg. 2 in force at 30.6.1995, see reg. 1
[^key-aeea9f99e0c97e8786acbe9b7829ddc0]: Reg. 3 in force at 30.6.1995, see reg. 1
[^key-dbb4d2595b408032c6f0e90758006119]: Reg. 9 in force at 30.6.1995, see reg. 1
[^key-f7acaf6eb8d8a67eec9ca182a85cb745]: Reg. 4 in force at 30.6.1995, see reg. 1
[^key-5eb4fa4d63e6a6493c80ce4fb4a6914e]: Reg. 6 in force at 30.6.1995, see reg. 1
[^key-94b5109fe15a01060bd41dea92dd5b7c]: Reg. 8 in force at 30.6.1995, see reg. 1
[^key-b8bc320b6cb7e1a52b602071cfda19c8]: Reg. 11 in force at 30.6.1995, see reg. 1
[^key-09641cd01aae3a5078bf3270dd841756]: Sch. 1 para. 1 in force at 30.6.1995, see reg. 1
[^key-355e95424bebf8ec54b0b2236b50952c]: Sch. 1 para. 2 in force at 30.6.1995, see reg. 1
[^key-0fcab9ca264ccae5bd9ce1c050944827]: Sch. 1 para. 3 in force at 30.6.1995, see reg. 1
[^key-d15e6c2a6420ce3624b0f12183220c35]: Sch. 1 para. 4 in force at 30.6.1995, see reg. 1
[^key-b77db6aa7695f05036ba47cb75005491]: Sch. 1 para. 5 in force at 30.6.1995, see reg. 1
[^key-3ba5cc4e911e79587b401f5ffbb7b2f6]: Sch. 1 para. 6 in force at 30.6.1995, see reg. 1
[^key-4d3747d21fb53c55b2f806ef37ab81b8]: Sch. 1 para. 7 in force at 30.6.1995, see reg. 1
[^key-5e284821f3dac6551308ef33dd3df329]: Sch. 2 para. 1 in force at 30.6.1995, see reg. 1
[^key-815c66e2b8094880a32e086317653b54]: Sch. 2 para. 2 in force at 30.6.1995, see reg. 1
[^key-db45d8396b233a842ac357508cf7ae57]: Sch. 2 para. 3 in force at 30.6.1995, see reg. 1
[^key-91ce53615985c2535ea6c5da039d5cb9]: Sch. 2 para. 4 in force at 30.6.1995, see reg. 1
[^key-2ff7cbc6fd03863fe3c8ed7c3752fc1a]: Sch. 2 para. 5 in force at 30.6.1995, see reg. 1
[^key-b322e4c1cb55c859feca0555dd3f6c6f]: Sch. 2 para. 6 in force at 30.6.1995, see reg. 1
[^key-ae97d1fcb9d0ca7e4976eb6ace49307f]: Sch. 2 para. 7 in force at 30.6.1995, see reg. 1
[^key-a628444ccb1e3bc144c4ab0628d8bf41]: Sch. 2 para. 8 in force at 30.6.1995, see reg. 1
[^key-0907f4a0e3bb14efd3b2f55d58dffeb0]: Sch. 2 para. 9 in force at 30.6.1995, see reg. 1
[^key-b226ee3013c410574fbc12ddf0db3dc1]: Sch. 2 para. 10 in force at 30.6.1995, see reg. 1
[^key-be17d0a3f796eba7db79b2d0fc3be1a4]: Sch. 2 para. 11 in force at 30.6.1995, see reg. 1
[^key-0e163c66becd1d765cd202df6551f0b8]: Sch. 2 para. 12 in force at 30.6.1995, see reg. 1
[^key-bf7da3ff6c37ad156a332a86bfba81fa]: Sch. 3 clause 1 in force at 30.6.1995, see reg. 1
[^key-1ff8c856920231b14624b8cfbc81a760]: Sch. 3 clause 2 in force at 30.6.1995, see reg. 1
[^key-fce7e577a86dc6726108bd4f57b4054e]: Sch. 3 clause 3 in force at 30.6.1995, see reg. 1
[^key-2cfecd5971f1ca09898953533b1155fa]: Sch. 3 clause 4 in force at 30.6.1995, see reg. 1
[^key-d33b2ccc2157de148e7cbe88eda68d70]: Sch. 3 clause 5 in force at 30.6.1995, see reg. 1
[^key-f3aa2aadb8f2325fe82bd0689ca630ba]: Sch. 3 clause 6 in force at 30.6.1995, see reg. 1
[^key-776fc053845a4c95ccdb24726e344f88]: Sch. 3 clause 7 in force at 30.6.1995, see reg. 1
[^key-851dce1fbb619d12a778225701818b95]: Sch. 3 clause 8 in force at 30.6.1995, see reg. 1
[^key-ca8d8458c1e4d71b05ae66fd0052c86d]: Sch. 3 clause 9 in force at 30.6.1995, see reg. 1
[^key-1ca31b4287045797b872fa1db904773f]: Sch. 3 clause 10 in force at 30.6.1995, see reg. 1
[^key-9be01ae9843cdf93f851cda3436e4c2d]: Sch. 3 clause 11 in force at 30.6.1995, see reg. 1
[^key-a0cf7c56bed45d6fa896d648c3732fe9]: Sch. 3 clause 12 in force at 30.6.1995, see reg. 1
[^key-b0e2760dd0392ae02b57dd956d05802a]: Sch. 3 clause 13 in force at 30.6.1995, see reg. 1
[^key-d03ef181ff2f462b7092b04c86df356a]: Sch. 3 clause 14 in force at 30.6.1995, see reg. 1
[^key-4b626e7dae3ae2ca67518120bce04814]: Sch. 3 clause 15 in force at 30.6.1995, see reg. 1
[^key-57078aae72bbc0106c59db105f97304b]: Sch. 3 clause 16 in force at 30.6.1995, see reg. 1
[^key-2da883e10b607bd36d41dff2f6e3fe0b]: Sch. 3 clause 17 in force at 30.6.1995, see reg. 1
[^key-0b9c6bc1ed1881c7703d6e488e13ad03]: Sch. 3 clause 18 in force at 30.6.1995, see reg. 1
[^key-b618d5070beba597ac16c850a449f493]: Sch. 3 clause 19 in force at 30.6.1995, see reg. 1
[^key-7c0709927312fff5fa247da94c4d6059]: Sch. 3 clause 20 in force at 30.6.1995, see reg. 1
[^key-aa5490a64fe9b9739bad7244027c26a1]: Sch. 3 clause 21 in force at 30.6.1995, see reg. 1
[^key-82a8dcee444d63d994f360de8482021c]: Sch. 3 clause 22 in force at 30.6.1995, see reg. 1
[^key-1d51aa276cc35a77886b930066189c1f]: Sch. 3 clause 23 in force at 30.6.1995, see reg. 1
[^key-7de2be7bf1f2189c07b1bd77abb7c108]: Sch. 3 clause 24 in force at 30.6.1995, see reg. 1
[^key-2cd54cda1a0c61c9e79280bdd3ed94b1]: Sch. 3 clause 25 in force at 30.6.1995, see reg. 1
[^key-f594df2a3d69549a4b3ead24f1e81ebd]: Sch. 3 clause 26 in force at 30.6.1995, see reg. 1
[^key-50e881370bea85029e18e057faf85678]: Sch. 3 clause 27 in force at 30.6.1995, see reg. 1
[^key-a652dd3294a30a52f8c9e4b8af4ee5b0]: Sch. 3 clause 28 in force at 30.6.1995, see reg. 1
[^key-ae6368183de4b1753c43ed6c19d45c5e]: Sch. 3 clause 29 in force at 30.6.1995, see reg. 1
[^key-d8349613ade5b3f6662f5171255fe5c6]: Sch. 3 clause 30 in force at 30.6.1995, see reg. 1
[^key-72b07662e3c19fee80c1d43786347d18]: Sch. 3 clause 31 in force at 30.6.1995, see reg. 1
[^key-df5fd01c76517b34c2d636fb5a568a30]: Sch. 3 clause 32 in force at 30.6.1995, see reg. 1
[^key-b1d34702b7e3c359a5c19e7ce573df2f]: Sch. 3 clause 33 in force at 30.6.1995, see reg. 1
[^key-34f018f5f252ec7b96cfd7db05fafaf2]: Sch. 3 clause 34 in force at 30.6.1995, see reg. 1
[^key-4ec829cf9968106437fc68cb04caf953]: Sch. 3 clause 35 in force at 30.6.1995, see reg. 1
[^key-74b2d47af221b36acd32c5ef6780d66c]: Sch. 3 clause 36 in force at 30.6.1995, see reg. 1
[^key-7cf5e967e246b366b02662947048220f]: Sch. 3 clause 37 in force at 30.6.1995, see reg. 1
[^key-8d0fad2e3a9bf85c17da948d0039d4eb]: Sch. 3 clause 38 in force at 30.6.1995, see reg. 1
[^key-2deab26f54c90930775cda2fe1e22861]: Sch. 3 clause 39 in force at 30.6.1995, see reg. 1
[^key-d249773fc2a61327f9784efde9c6fd06]: Sch. 4 clause 1 in force at 30.6.1995, see reg. 1
[^key-498494fa7d898fbb07a24dd0bd52d82b]: Sch. 4 clause 2 in force at 30.6.1995, see reg. 1
[^key-d56a9fc99a246a6e6147f5b73d4fbb79]: Sch. 4 clause 3 in force at 30.6.1995, see reg. 1
[^key-bb153c44047d38c21560e0d18f7a62fe]: Sch. 4 clause 4 in force at 30.6.1995, see reg. 1
[^key-ac1665b6ab661db8afe8aa991fb06d14]: Sch. 4 clause 5 in force at 30.6.1995, see reg. 1
[^key-c55f0dd92714c6ff636aab5c39fd2b55]: Sch. 4 clause 6 in force at 30.6.1995, see reg. 1
[^key-e2d41afe6a37955c2a794e4617250bc2]: Sch. 4 clause 7 in force at 30.6.1995, see reg. 1
[^key-a42992276b3c4dc48331b60969617666]: Sch. 4 clause 8 in force at 30.6.1995, see reg. 1
[^key-76ba3c99b60b7058ef0aed989d5c670f]: Sch. 4 clause 9 in force at 30.6.1995, see reg. 1
[^key-20b79c1c3d4b2b11f2f6ec26ec0c6cd4]: Sch. 4 clause 10 in force at 30.6.1995, see reg. 1
[^key-2027ca92b94f6582e0632a3e3e3f0fa7]: Sch. 4 clause 11 in force at 30.6.1995, see reg. 1
[^key-a689a0d7e1c6eb274fc0feda0fbe8232]: Sch. 4 clause 12 in force at 30.6.1995, see reg. 1
[^key-c4c85e6e68c9fdcd2e6a0bf9fef56d9e]: Sch. 4 clause 13 in force at 30.6.1995, see reg. 1
[^key-50f95bbced556e24d4a3f79c51f73e66]: Sch. 4 clause 14 in force at 30.6.1995, see reg. 1
[^key-b12e8a88e44c29f88c2feef69ad467f4]: Sch. 5 clause 1 in force at 30.6.1995, see reg. 1
[^key-f303cbbdeb437b0409ed2eb305acfd2d]: Sch. 5 clause 2 in force at 30.6.1995, see reg. 1
[^key-3149fc78c3017bfee0075d6a7e2e923e]: Sch. 5 clause 3 in force at 30.6.1995, see reg. 1
[^key-278a4a692f7f5eabcb903f769143b431]: Sch. 5 clause 4 in force at 30.6.1995, see reg. 1
[^key-b74a14d2f97ac958c7e694ff3d67c2ac]: Sch. 5 clause 5 in force at 30.6.1995, see reg. 1
[^key-fccacd705a2018e885def008e3d70f25]: Sch. 5 clause 6 in force at 30.6.1995, see reg. 1
[^key-99d8a2498c6dd5d0ae0fc5ea4f4ff0da]: Sch. 5 clause 7 in force at 30.6.1995, see reg. 1
[^key-6404d052eebe7b07cc666fd409f5feb1]: Sch. 5 clause 8 in force at 30.6.1995, see reg. 1
[^key-0f89e09d9439a0d33d83654c2f667577]: Sch. 5 clause 9 in force at 30.6.1995, see reg. 1
[^key-fd574a8f84b86533ffb2948a521e52da]: Sch. 5 clause 10 in force at 30.6.1995, see reg. 1
[^key-c8f68ab5d3951e3852859be278f36a0c]: Sch. 5 clause 11 in force at 30.6.1995, see reg. 1
[^key-ebc02676b85b74218f78ffa1766a0c64]: Sch. 5 clause 12 in force at 30.6.1995, see reg. 1
[^key-8a4a5aaa2243ca5d6a42ebe865f97ce1]: Sch. 5 clause 13 in force at 30.6.1995, see reg. 1
[^key-61e26ee8c749ce088f0a62c62cdca3d5]: Words in Sch. 3 clause 17(6) inserted (26.1.2009) by Energy Act 2008 (c. 32), s. 110(2), Sch. 3 para. 1(3)(c); S.I. 2009/45, art. 2(c)(ii)
[^key-bf6c50f9782f71664e162a8a296f978b]: Sch. 3 clause 8A inserted (26.1.2009) by Energy Act 2008 (c. 32), s. 110(2), Sch. 3 para. 1(2); S.I. 2009/45, art. 2(c)(ii)
[^key-6446dd38ff5a95f76e13fc2ac17ce840]: Sch. 3 clause 17(5A)-(5D) inserted (26.1.2009) by Energy Act 2008 (c. 32), s. 110(2), Sch. 3 para. 1(3)(b); S.I. 2009/45, art. 2(c)(ii)
[^key-ade80bf9a46c1d99372c0f62914be61f]: Sch. 3 clause 38A inserted (26.1.2009) by Energy Act 2008 (c. 32), s. 110(2), Sch. 3 para. 1(5); S.I. 2009/45, art. 2(c)(ii)
[^key-dc6dee45c242b02f3a0c0a153b2317d0]: Words in Sch. 3 clause 17(2) substituted (26.1.2009) by Energy Act 2008 (c. 32), s. 110(2), Sch. 3 para. 1(3)(a); S.I. 2009/45, art. 2(c)(ii)
[^key-030d3c6cbc0fef9e688639ef78ac9c66]: Words in reg. 7(2) substituted (5.3.2009) by The Secretary of State for Energy and Climate Change Order 2009 (S.I. 2009/229), art. 1(2), Sch. 2 para. 9(2)
[^key-bdb113bd9565aeab7ab3a1b5e2f45ac9]: Words in Sch. 4 clause 1 substituted (5.3.2009) by The Secretary of State for Energy and Climate Change Order 2009 (S.I. 2009/229), art. 1(2), Sch. 2 para. 9(3)
[^key-8ba2d57ab73e9d00c4f38b7f21692215]: Sum in reg. 10(1) substituted (20.1.2010) by The Petroleum Licensing (Amendment) Regulations 2009 (S.I. 2009/3283), regs. 1, 2(2)
[^key-5f03dadb58c6f8edb358a03d8f17f6db]: Words in reg. 2 inserted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 6(2)
[^key-26dbd58c51723d7b83662deb96ba198b]: Word in reg. 3(1) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 6(3)
[^key-409724cc9464b82e84a40d0bad64199f]: Words in reg. 5(1)(a) inserted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 6(4)(a)
[^key-e98c140f6fa315e9365ca1a85c08c5e6]: Words in reg. 5(1)(b) inserted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 6(4)(b)
[^key-7c42e241c3403d626ddf69f71bfda04f]: Word in reg. 5(2) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 6(5)
[^key-9033e795664372aca50644046a1144d2]: Word in reg. 9(1) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 6(6)
[^key-b0aba185eedb03e85fbd1bdf3b421043]: Reg. 10(3) omitted (1.10.2016) by virtue of The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 6(7)
[^key-2ff661d167a57965ca25b832253b7e9e]: Reg. 12 inserted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 6(8)
[^key-3e86a8af22f91aa7aed9e392e0a8af11]: Words in Sch. 5 clause 1(1) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 6(10)
[^key-34a90ac8858e28a5a8a9d46c849936b0]: Word in Sch. 5 clause 2 substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 6(11)
[^key-820a2c0ca776e3393509dcc33687a5af]: Word in Sch. 5 clause 4 substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 6(12)
[^key-1e6afd405c167f0a8a811c251c729719]: Word in Sch. 5 clause 7 substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 6(15)
[^key-9b49198e7eb463ec02c4b68139ffee21]: Words in Sch. 5 clause 8 inserted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 6(16)(a)
[^key-8631193d5aa8fa750b58811eda301dd2]: Word in Sch. 5 clause 11 substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 6(19)
[^key-327c2dc36fa494ed8aa932f01dc4ef28]: Word in Sch. 5 clause 12 substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 6(20)
[^key-e5dd5e62984a1e6d1cad938265c1fc14]: Word in Sch. 5 clause 13(2) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 6(21)(b)
[^key-23f9d5635010d0cbb3ef5e6683aad08c]: Word in Sch. 5 clause 13(2A) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 6(21)(c)
[^key-e38a096ae3ec591c3983d1f3e7cc6996]: Word in Sch. 5 clause 13 substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 6(21)(d)
[^key-975d8698ff387e1b4e970282a97b73e1]: Word in Sch. 5 clause 13(1) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 6(21)(a)
[^key-a67364131308a50f7b5e360cced51d54]: Word in Sch. 5 clause 10 substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 6(18)
[^key-deaa3354d5f03f7e1c03608af1e2f2d6]: Word in Sch. 5 clause 9 substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 6(17)
[^key-d6fd16af4813de0042f08d46787f86e9]: Word in Sch. 5 clause 8 substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 6(16)(b)
[^key-64a86854bdad1e2c4c4a8403115c89db]: Word in Sch. 5 clause 6 substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 6(14)
[^key-d44c21455a9242586e3507117ae37de0]: Word in Sch. 5 clause 5 substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 6(13)
[^key-6093423bb989d7b551d1b579954ad0b5]: Words in reg. 2 inserted (9.2.2018) by Scotland Act 2016 (c. 11), ss. 48(22), 72(4)(c); S.I. 2018/163, reg. 2(b)
[^key-ad9a6c3897feef3df0244b053a7914e9]: Reg. 3(1A) inserted (9.2.2018) by Scotland Act 2016 (c. 11), ss. 48(24), 72(4)(c); S.I. 2018/163, reg. 2(b)
[^key-f9ffc92ec4d1b5ae10ef8a8eeaf0767a]: Words in reg. 3(1) inserted (9.2.2018) by Scotland Act 2016 (c. 11), ss. 48(23), 72(4)(c); S.I. 2018/163, reg. 2(b)
[^key-a7c411be6d4542970437890d2a1fdbbb]: Word in reg. 2 omitted (1.10.2018) by virtue of The Scotland Act 2016, Wales Act 2017 and Onshore Petroleum (Consequential, Transitional and Saving Provisions and Model Clauses) Regulations 2018 (S.I. 2018/980), regs. 1(1), 3(2)(a) (with reg. 16)
[^key-dcab958ba2b6492a9921e47ff3d5fb6f]: Words in reg. 2 inserted (1.10.2018) by The Scotland Act 2016, Wales Act 2017 and Onshore Petroleum (Consequential, Transitional and Saving Provisions and Model Clauses) Regulations 2018 (S.I. 2018/980), regs. 1(1), 3(2)(b) (with reg. 16)
[^key-049752848407b9ea2235d7d531739ae2]: Words in reg. 3(1A) inserted (1.10.2018) by The Scotland Act 2016, Wales Act 2017 and Onshore Petroleum (Consequential, Transitional and Saving Provisions and Model Clauses) Regulations 2018 (S.I. 2018/980), regs. 1(1), 3(3) (with reg. 16)
[^key-bab148289860e21b9025f5b28c0c5ad4]: Sch. 3 clause 37A inserted (11.1.2024) by Energy Act 2023 (c. 52), s. 334(1), Sch. 21 para. 2; S.I. 2024/32, reg. 2(d)(iii)
[^key-8f0702fcd980dfcf7bbfc89777dad25d]: Sch. 3 clause 38(2)(j)(k) inserted (11.1.2024) by Energy Act 2023 (c. 52), s. 334(1), Sch. 21 para. 3(2)(a); S.I. 2024/32, reg. 2(d)(iii)
[^key-75c65ef9074c5218eb5e2c56e0de16a8]: Words in Sch. 3 clause 38(2) inserted (11.1.2024) by Energy Act 2023 (c. 52), s. 334(1), Sch. 21 para. 3(2)(b); S.I. 2024/32, reg. 2(d)(iii)
[^key-00853a698ec08f1f45359bdc7e94b519]: Sch. 3 clause 38(3)-(5) omitted (11.1.2024) by virtue of Energy Act 2023 (c. 52), s. 334(1), Sch. 21 para. 3(3); S.I. 2024/32, reg. 2(d)(iii)
[^key-2f1a3e66d3066cc36170b998a441df63]: Sch. 3 clause 38A(1) substituted (11.1.2024) by Energy Act 2023 (c. 52), s. 334(1), Sch. 21 para. 4(2); S.I. 2024/32, reg. 2(d)(iii)
[^key-c4918a5745719dabd5febbcf86986514]: Words in Sch. 3 clause 38A(2) substituted (11.1.2024) by Energy Act 2023 (c. 52), s. 334(1), Sch. 21 para. 4(3); S.I. 2024/32, reg. 2(d)(iii)
Provision of contact details to Minister
8A
- (1) A notice, direction or other document authorised or required (in whatever terms) to be given to the Licensee by virtue of this licence is treated as given to the Licensee if it is given to the person specified by the Licensee under paragraph (2) at the address so specified.
- (2) The Licensee must supply the Minister with the name and address of a person to whom notices, directions and other documents are to be given.
- (3) The Licensee must ensure that, where there is a change in the person to whom, or the address to which, documents should be sent in accordance with paragraph (2), the Minister is notified of the change as soon as is reasonably practicable.
- (4) If the Licensee fails to comply with paragraph (2) the Minister may give the Licensee a notice which—
- (a) requires the Licensee to comply with paragraph (2) within the period of one month beginning with the date of the notice, and
- (b) states that, if the Licensee fails to do so, the Licensee will be treated as having supplied under paragraph (2) the name and address specified by the Minister in the notice.
Payment of consideration for licence
Royalty payments
Provisions supplementary to clause 10
Measurement of petroleum obtained from the licensed area
Keeping of accounts
Working obligations
Development and production programmes
Provisions supplementary to clause 15
Commencement and abandonment and plugging of wells
Distance of wells from boundaries of licensed area
Control of development wells
Provision of storage tanks, pipes, pipelines or other receptacles
Avoidance of harmful methods of working
Appointment of operators
Fishing and navigation
Training
Unit development
Licensee to keep records
Returns
Licensee to keep samples
Reports to be treated as confidential
Inspection of records, etc.
Rights of access
Power to execute works
Right of distress
Indemnity against third party claims
Advertisements, prospectuses, etc.
Restrictions on assignment, etc.
Power of revocation
Power of partial revocation
38A
- (1) This clause applies in a case where two or more persons are the Licensee and—
- (a) an event mentioned in clause 38(2)(c), (d), (e) or (g) occurs in relation to one of those persons;
- (b) an event mentioned in clause 38(2)(b) occurs which consists of a breach of clause 37A(2) or (4) in relation to a change in control of one of those persons;
- (c) an event mentioned in clause 38(2)(j) occurs in relation to a change in control of one of those persons (see clause 37A); or
- (d) an event mentioned in clause 38(2)(k) occurs which consists of a failure by one of those persons as mentioned in that provision.
- (2) Where this clause applies, the Minister may exercise the power of revocation in clause 38 to revoke the licence in so far as it applies to the person mentioned in paragraph (1)(a) , (b), (c) or (d).
- (3) If the Minister exercises the power in paragraph (2), the rights granted to the person under this licence cease, but without prejudice to any obligation or liability incurred by the person or imposed under the terms and conditions of this licence.
- (4) Where this licence is revoked in relation to one person under this clause, it continues to have effect in respect of the other person who constitutes, or persons who together constitute, the Licensee and in relation to whom it is not revoked.
Arbitration
Applications for supplementary seismic survey licences
Form of licences
Fees
Plurality of licences
Review
12
- (1) The Secretary of State must from time to time—
- (a) carry out a review of these Regulations;
- (b) set out the conclusions of the review in a report; and
- (c) publish the report.
- (2) The report must in particular—
- (a) set out the objectives intended to be achieved by these Regulations;
- (b) assess the extent to which those objectives are achieved;
- (c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
- (3) The first report under this regulation must be published before the end of the period of five years beginning with the day on which this regulation comes into force.
- (4) Subsequent reports under this regulation must be published at intervals not exceeding five years.
Change in control of Licensee
37A
- (1) This clause applies if—
- (a) the Licensee is a company, or
- (b) where two or more persons are the Licensee, any of those persons is a company,
and references in this clause to a company are to such a company.
- (2) A change in control of a company is not permitted without the consent of the Oil and Gas Authority (“the OGA”).
- (3) There is a “change in control” of a company if a person takes control of the company, not having previously been a person who controlled the company.
- (4) If a change in control of a company is contemplated, the company must apply in writing to the OGA for consent at least three months before the date on which it is proposed that the change would occur (if consent were given).
- (5) The OGA may—
- (a) consent to the change in control unconditionally,
- (b) consent to the change in control subject to conditions, or
- (c) refuse consent to the change in control.
- (6) If the OGA proposes to grant consent subject to any condition or to refuse consent, the OGA must, before making a final decision—
- (a) give the company an opportunity to make representations, and
- (b) consider any representations that are made.
- (7) The general rule is that the OGA must decide an application within three months of receiving it, but the OGA may delay its decision by notifying the interested parties in writing.
- (8) Conditions as mentioned in paragraph (5)(b) may be imposed on the person taking control of the company (as well as on the company), and may include—
- (a) conditions relating to the arrangements for the change in control, including the date by which it must occur,
- (b) conditions relating to the performance of activities permitted by this licence, and
- (c) financial conditions.
- (9) The OGA’s decision on the application, and any conditions as mentioned in paragraph (5)(b), must be notified in writing to the interested parties.
- (10) In this clause “the interested parties” means—
- (a) the company,
- (b) the person who (if consent were granted) would take control of the company, and
- (c) if the company and another person or persons are the Licensee, that other person or those other persons.
- (11) For the purposes of this clause, the question of whether a person has control of a company is to be determined in accordance with the test set out in clause 37(4).
Power of revocation
Power of partial revocation
Arbitration
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